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(영문) 수원지방법원 2016.10.13 2015가합69252
구상금
Text

1. The defendant shall pay to the plaintiff KRW 428,722,967 and KRW 303,025,046 among them, from December 11, 2008, and KRW 122,904,131.

Reasons

1. Basic facts

A. On November 25, 2005, the Plaintiff concluded a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) and ① KRW 127,500,000 with the credit guarantee principal (this changed to KRW 120,000,000) and the credit guarantee period until November 24, 2006 (this changed to November 21, 2008). The other party to the credit guarantee agreement, the Bank of Korea, the loan funds for small and medium enterprises, the credit guarantee agreement with the other party to the credit guarantee, the credit guarantee agreement with 127,50,000 with the credit guarantee principal until November 25, 2005, the credit guarantee period of KRW 127,50,000 with the total amount of KRW 15,00,000 with the total amount of KRW 127,50,000,000 with the total amount of KRW 15,000 per annum from November 24, 2007.

B. C and C’s wife and B’s auditor D, who are the directors of B, jointly and severally guaranteed the Plaintiff’s obligations under the respective credit guarantee agreements.

C. B obtained a loan from the Industrial Bank of Korea and the Bank of Korea, and caused a credit guarantee accident by failing to pay interest on October 16, 2008, and the Plaintiff, as a credit guarantee agent, made a substitute payment of KRW 303,025,046 on December 11, 2008, and KRW 122,904,131 on December 18, 2008, respectively.

Since then, the plaintiff filed a lawsuit against B, C, and D with Seoul Western District Court 2009Kadan17519, and the above court rendered a judgment on June 12, 2009 that "B, C, and D shall jointly and severally pay to the plaintiff 428,72,967 won and 303,025,046 won from December 11, 2008 to 122,904,131 won each year from December 18, 2008 to April 8, 2009, and 20% each year from the next day to the date of full payment." The above judgment became final and conclusive at that time.

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